Skip to code content (skip section selection)
For purposes of this Article 33M, the following definitions apply.
“Agency” means the Office of Labor Standards Enforcement.
“City” means the City and County of San Francisco.
“Covered Entity” means any person, as defined in Section 18 of the California Labor Code, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs, suffers or permits to work, or exercises control over the wages, hours, or working conditions, or facilitates contracting for delivery services of a Worker for any of the following: (a) a grocery store, supermarket, convenience store, restaurant, cafe, or other establishment primarily engaged in the retail sale of food; or (b) a drug store, pharmacy, or other establishment primarily engaged in the retail sale of medication, pharmaceuticals, or medical supplies; or (c) an On-Demand Delivery Service.
“On-Demand Delivery Service” means a third-party online or mobile application or other internet service that offers or arranges for the consumer purchase and same-day or scheduled delivery of food products, medications, or other goods directly from no fewer than 20 businesses that are restaurants, cafes, grocery stores, supermarkets, convenience stores, drug stores, pharmacies, or other establishments primarily engaged in the retail sale of food, medication, pharmaceuticals, or medical supplies.
“Worker” means any person who in a particular week performs at least two hours of work within the geographical boundaries of the City for, or contracted through the online or mobile application of, a Covered Entity, without regard to whether the Covered Entity classifies the person as an employee or an independent contractor. “Worker” includes, without limitation, shoppers and drivers for an On-Demand Delivery Service.
(Added by Ord. 39-21, File No. 201186, App. 3/26/2021, Eff. 4/26/2021)